DHS Proposes New Fee Rule for EB-5 Program
On October 23, 2025, the U.S. Citizenship and Immigration Services (USCIS), under the Department of Homeland Security (DHS), published a proposed rule (“Notice of Proposed Rulemaking” or NPRM) titled Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule. The rule responds to the requirements of the EB‑5 Reform and Integrity Act of 2022, which directed DHS to conduct a fee study and set fees for the EB-5 program at levels sufficient to cover program costs and support the integrity goals of the statute.
What the EB-5 Program Does
The EB-5 program allows foreign investors to obtain lawful permanent residence (green card) by investing a statutory amount in a U.S. commercial enterprise that will create at least ten full-time jobs for qualifying U.S. workers. The statutory amounts are generally at least US $1,050,000 for most investments or US $800,000 for investments in a “targeted employment area” (rural or high unemployment areas).
Key Proposed Fee Changes
According to the NPRM:
- DHS proposes to adjust the fee schedule for EB-5 benefit request forms (such as Forms I-526, I-526E, I-829, I-956 series) and to introduce a new EB-5 Technology Fee
- As proposed, many current fees would decrease by about 14.7 percent, or approximately US $2,259 on a weighted average, while still aligning with cost recovery goals
- The NPRM clarifies how derivatives (spouse and children) of principal investors should file Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) in cases where the principal is deceased or children age out
Why These Changes Matter
- Cost recovery and integrity goals: The EB-5 Reform and Integrity Act of 2022 mandates that DHS set fees at levels sufficient to recover the cost of providing EB-5 services and meet processing time objectives. The proposed rule supports those statutory mandates
- Investor planning: Investors and immigration practitioners should monitor the updated fee structure, as reduced fees may offer cost savings, but any delay waiting for finalization may carry risk
- Procedural clarity: The rule clarifies derivative filings, which can help avoid misunderstandings around conditional-residence removal filings and succession when the principal investor is deceased
- Transparency and comment opportunity: Stakeholders have a defined window (until December 22, 2025) to submit comments, after which DHS will evaluate and publish a final rule
By reducing many filing fees and clarifying procedural rules, DHS aims to balance investor access with the program’s integrity and cost-recovery mandates. Immigration law practitioners and their investor clients should pay close attention as the rule advances toward finalization, plan accordingly for changes, and prepare to act once the final fee schedule becomes effective.
